Search form

Featured Topics

To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

You are here

Army Communications Systems Agency, Fort Monmouth, New Jersey (Activity) and National Federation of Federal Employees, Local 476 (Petitioner) and American Federation of Government Employees, Local 1904,&nbsp;AFL-CIO&nbsp;(Intervenor)&nbsp;

[ v04 p627 ] 04:0627(83)RO
The decision of the Authority follows:

4 FLRA No. 83
U.S. ARMY COMMUNICATIONS SYSTEMS
AGENCY, FORT MONMOUTH, NEW JERSEY
Activity
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 476
Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1904
Intervenor
Case No. 2-RO-14
DECISION AND DIRECTION OF ELECTION
UPON A PETITION DULY FILED UNDER SECTION 7111(B)(1)(B) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7105-7135 (THE
STATUTE), A HEARING WAS HELD BEFORE A HEARING OFFICER OF THE AUTHORITY.
THE AUTHORITY HAS REVIEWED THE HEARING OFFICER'S RULINGS MADE AT THE
HEARING AND FINDS THAT THEY ARE FREE FROM PREJUDICIAL ERROR. THE
RULINGS ARE HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE
PARTIES, THE AUTHORITY FINDS: THE NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 476 (NFFE) SEEKS TO REPRESENT EXCLUSIVELY EMPLOYEES OF
THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (ACTIVITY) IN A UNIT
CURRENTLY EXCLUSIVELY REPRESENTED BY THE INTERVENOR, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904 (AFGE). THE AFGE HAS BEEN
THE EXCLUSIVE REPRESENTATIVE OF THE UNIT SOUGHT SINCE NOVEMBER 7, 1972.
THE PARTIES STIPULATED THERE IS NO BAR TO AN ELECTION HEREIN, AND THAT
THE FOLLOWING CONSTITUTES AN APPROPRIATE UNIT WITHIN THE MEANING OF THE
STATUTE:
ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS SYSTEMS
AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY;
EXCLUDED: MANAGEMENT
OFFICIALS (AS DEFINED IN THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE), SUPERVISORS,
EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN (A) PURELY
CLERICAL CAPACITY,
CONFIDENTIAL EMPLOYEES AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF
180 DAYS OR LESS.
AT ISSUE HEREIN ARE EIGHTEEN POSITIONS (OCCUPIED BY FORTY-FOUR
EMPLOYEES) WHICH THE ACTIVITY SEEKS TO EXCLUDE FROM THE BARGAINING UNIT
AS "MANAGEMENT OFFICIALS," AND THIRTEEN EMPLOYEES WHOM THE ACTIVITY
SEEKS TO EXCLUDE FROM THE UNIT AS "CONFIDENTIAL EMPLOYEES."
THE PARTIES STIPULATED THAT:
THE ACTIVITY IS A TENANT ACTIVITY AT FORT MONMOUTH, NEW JERSEY, AND
IS A MAJOR SUBORDINATE
COMMAND OF THE U.S. ARMY COMMUNICATION COMMAND, FORT HUACHUCA,
ARIZONA. THE ACTIVITY IS
ENGAGED IN THE PROJECT MANAGEMENT OF THE DEVELOPMENT, ENGINEERING,
AND ACQUISITION OF THE
C.S. ARMY SYSTEMS.
MANAGEMENT OFFICIALS
SECTION 7103(A)(11) OF THE STATUTE DEFINES "MANAGEMENT OFFICIAL" AS:
. . . AN INDIVIDUAL EMPLOYED BY AN AGENCY IN A POSITION THE DUTIES
AND RESPONSIBILITIES OF
WHICH REQUIRE OR AUTHORIZE THE INDIVIDUAL TO FORMULATE, DETERMINE, OR
INFLUENCE THE POLICIES
OF THE AGENCY(.)
THE PARTIES STIPULATED THAT DETERMINATIONS WITH RESPECT TO THOSE
INDIVIDUALS DESIGNATED AS "MANAGEMENT OFFICIALS" WOULD BE MADE BY
EXAMINATION OF THE DUTIES OF THE POSITION, RATHER THAN BY THE DUTIES OF
EACH INCUMBENT. THE ACTIVITY SEEKS TO EXCLUDE THE FOLLOWING POSITIONS
FROM THE BARGAINING UNIT AS "MANAGEMENT OFFICIALS:"
JOB NUMBER 77-878, ELECTRONICS ENGINEER, GS-855-15
THE RECORD ESTABLISHES THE INCUMBENT IN THIS POSITION SERVES AS THE
ACTIVITY'S TECHNICAL DIRECTOR. HE IS THE SENIOR CIVILIAN EMPLOYEE OF
THE ACTIVITY AND IS A MEMBER OF THE ACTIVITY'S "COMMAND GROUP." HE
REPORTS DIRECTLY TO THE COMMANDING GENERAL (CG) (WHO IS ALSO THE PROJECT
MANAGER). AS THE ACTIVITY'S TECHNICAL DIRECTOR, THE INCUMBENT PROVIDES
COMMAND LEVEL CIVILIAN CONTINUITY TO COVER THE REGULAR OR RECURRING
CHANGES OF BOTH THE COMMANDER AND THE DEPUTY COMMANDER. HE IS
DESIGNATED AS THE THIRD IN LINE TO THE PROJECT MANAGER AND IS AUTHORIZED
TO ACT FOR HIM IN ALL MATTERS. THE TECHNICAL DIRECTOR IS THE ACTIVITY'S
CHIEF TECHNICAL ADVISOR, PROVIDING EXPERT TECHNICAL ADVICE TO THE CG,
DEPUTY COMMANDER AND TO THE DEPUTY PROJECT MANAGERS. HE ALSO WORKS
ACROSS THE BOARD IN RELIEVING THE CG OF A CONSIDERABLE PORTION OF HIS
DIRECTIVE RESPONSIBILITY. ANY COMPLEX PROPOSAL, OR DEVIATION FROM THE
NORM IN THE INCUMBENT'S AREA OF EXPERTISE REQUIRES THE APPROVAL OF THE
TECHNICAL DIRECTOR BEFORE BEING PRESENTED TO THE CG.
THE INCUMBENT ALSO IS AN ADVISOR ON CIVILIAN MATTERS. THUS, HE IS
THE CAREER ADVISOR FOR THE ENGINEERS AND SCIENTISTS AND IS AN ADVISOR TO
THE CG ON ALL CAREER PROGRAM MANAGEMENT MATTERS; HE REVIEWS INDIVIDUAL
CAREER APPRAISALS, AND ADVISES EMPLOYEES AND THEIR SUPERVISORS AS TO THE
ADEQUACY AND SUFFICIENCY OF CAREER PLANNING, AND ASSISTS THEM IN
IMPLEMENTING PLANS. THE INCUMBENT GENERALLY OVERSEES THE CAREER
PLANNING AND DEVELOPMENT OF THE ACTIVITY'S CIVILIAN EMPLOYEES.
THE AUTHORITY FINDS THE ACTIVITY'S TECHNICAL DIRECTOR IS A
"MANAGEMENT OFFICIAL" WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE
STATUTE AS THE RECORD INDICATES HIS RESPONSIBILITIES REQUIRE HIM TO
INFLUENCE THE POLICIES OF THE ACTIVITY. THUS, HIS ROLE EXTENDS BEYOND
THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS WITH RESPECT TO POLICIES, TO THE POINT OF ACTIVE
PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT THE POLICY IN
FACT WILL BE, AS, IN ADDITION TO WORKING ACROSS THE BOARD IN RELIEVING
THE CG OF A CONSIDERABLE PORTION OF HIS DIRECTIVE RESPONSIBILITY, HE IS
THE COMMANDER'S CHIEF ADVISOR ON TECHNICAL AND CIVILIAN MATTERS. HE IS
DESIGNATED AS THE THIRD IN LINE TO THE PROJECT MANAGER (CG) AND IS
AUTHORIZED TO ACT FOR HIM IN ALL SUCH MATTERS. THUS, THE AUTHORITY
SHALL ORDER JOB NUMBER 77-878, ELECTRONICS ENGINEER, GS-855-15, BE
EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 79-34, OPERATIONS RESEARCH ANALYST, GS-1515-14
THE INCUMBENT IS THE CHIEF OF THE COST ANALYSIS OFFICE AND AS SUCH IS
THE ACTIVITY'S COST ANALYSIS EXPERT. THE DEPUTY PROJECT MANAGERS
(DPM'S) GO TO THE INCUMBENT FOR COST ANALYSIS ON ALTERNATIVE PROJECT OR
PROGRAM PLANS. HE MAKES RECOMMENDATIONS TO THE DPM'S BASED UPON HIS
EXPERTISE IN COST ANALYSIS METHODS AND UPON SPECIFIC DATA. THE DPM'S
USE THE INFORMATION THEY OBTAIN FROM THE CHIEF COST ANALYST PLUS
WHATEVER ELSE THEY NEED IN DETERMINING WHAT ACTION TO TAKE.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION, AS
NOTED ABOVE, IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE
INFORMATION OR RECOMMENDATIONS. THUS, THE AUTHORITY CONCLUDES THAT JOB
NUMBER 79-34, OPERATIONS RESEARCH ANALYST, GS-1515-14, SHOULD BE
INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 75-846, DATA MANAGEMENT OFFICER, GS-301-13
THE RECORD SHOWS THE DATA MANAGEMENT OFFICER IS A MEMBER OF THE
PROCUREMENT SERVICES DIVISION OF THE PROCUREMENT AND PRODUCT CONTROL
DIRECTORATE OF THE ACTIVITY. THE INCUMBENT IS THE ACTIVITY'S EXPERT ON
THE ACQUISITION OF DATA. HE MAKES RECOMMENDATIONS IN THAT RESPECT NOT
ONLY TO DPM'S BUT TO THE DIRECTOR, DEPUTY COMMANDER AND COMMANDER. THE
INCUMBENT WORKS WITHIN VERY BROAD POLICIES AND DIRECTIVES SET AT HIGHER
LEVELS, BUT RULES GOVERNING DATA ARE SUCH THAT THEY ARE STILL BEING
DEVELOPED AND THE INCUMBENT GENERATES MANY HIMSELF. THE INCUMBENT HAS
DEVELOPED AN ACTIVITY REGULATION TO GUIDE THE DPM'S AND ACTION OFFICERS
IN THE ACQUISITION OF DATA. THE REGULATION SETS UP THE PARAMETERS
WITHIN WHICH THE DPM'S AND ACTION OFFICERS MUST WORK.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS. THUS, ALTHOUGH THE INCUMBENT IN THIS POSITION
DEVELOPED AN ACTIVITY REGULATION TO GUIDE THE DPM'S AND ACTION OFFICERS
IN THE ACQUISITION OF DATA, HIS ROLE REMAINS THAT OF AN EXPERT OR
PROFESSIONAL, RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS, IN THIS
CASE, IN THE FORM OF A WRITTEN GUIDELINE. THE INCUMBENT'S ROLE DOES NOT
EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE
DETERMINATION AS TO WHAT POLICY WILL BE. THEREFORE, THE AUTHORITY
CONCLUDES THAT JOB NUMBER 75-846, DATA MANAGEMENT OFFICER, GS-301-13,
SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 79-69, PROCUREMENT ANALYST, GS-1102-13
THE PROCUREMENT ANALYST IS A MEMBER OF THE PROCUREMENT SERVICES
DIVISION OF THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE. THE
PROCUREMENT ANALYST GIVES ADVICE, ASSISTANCE AND GUIDANCE TO THE DPM'S
AND THEIR ACTION OFFICERS WHO INVOLVE THEMSELVES IN ACQUISITION
REQUIREMENT PACKAGES. AFTER LEARNING THE FORMULATION OF A
SPECIFICATION, THE FORMULATION OF CONTRACT LINE ITEMS, AND THE
COMPLEXITY OF PROCUREMENT, THE INCUMBENT MAKES A RECOMMENDATION AS TO
THE TYPE OF CONTRACT TO BE USED. HE REVIEWS THE WORK OF OTHERS FROM A
PROCUREMENT STANDPOINT, MAKES RECOMMENDATIONS, AND COORDINATES WITH
VARIOUS LEVELS TO GIVE PROCUREMENT GUIDANCE.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," AS THE RECORD DOES NOT ESTABLISH THAT THE INCUMBENT
FORMULATES, DETERMINES OR INFLUENCES THE POLICIES OF THE ACTIVITY WITHIN
THE MEANING OF THE STATUTE, BUT RATHER THE ROLE OF THE INDIVIDUAL IN
THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE
INFORMATION OR RECOMMENDATIONS. THUS, TEE AUTHORITY CONCLUDES THAT JOB
NUMBER 79-69, PROCUREMENT ANALYST, GS-1102-13, SHOULD BE INCLUDED IN THE
EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 79-15, COMMUNICATION SPECIALIST, GS-393-13
ACCORDING TO THE RECORD, THIS POSITION IS LOCATED IN THE "USASATCOMA
LIAISON OFFICE," WHICH IS A ONE-PERSON OPERATION WITH A SECRETARY. THE
INCUMBENT'S MAIN DUTIES INVOLVE REPRESENTING THE ARMY COMMUNICATIONS
COMMITTEE (ACC) IN ALL RELATIONSHIPS TO SATELLITE COMMUNICATIONS. HE
ATTENDS MEETINGS, AND HE REPRESENTS THE COMMANDER AND THE COMMANDER'S
POSITION. THE RECORD INDICATES THAT HE WOULD IMPLEMENT POLICY
PROCEDURES WITH THE COMMANDER OF THE ACC.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," AS THE EVIDENCE DISCLOSES THAT THE INCUMBENT DOES NO MORE
THAN REPRESENT THE COMMANDER AND HIS POSITION OR IMPLEMENT POLICY
PROCEDURES ALREADY DETERMINED BY HIGHER MANAGEMENT AUTHORITY. THUS, THE
AUTHORITY CONCLUDES THAT JOB NUMBER 79-15, COMMUNICATION SPECIALIST,
GS-393-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 80-84, PUBLIC INFORMATION OFFICER, GS-1081-12
THE INCUMBENT IN THIS POSITION IS THE PUBLIC AFFAIRS OFFICER (PAO) OF
THE ACTIVITY WHO WORKS OUT OF THE OFFICE OF THE COMMANDER. THE PAO
COORDINATES CONTROVERSIAL AFFAIRS AND WRITES SPEECHES FOR THE CG. HE
COORDINATES RELATIONS WITH OTHER HEADS OF COMMUNICATIONS AGENCIES SUCH
AS THE ARMY COMMUNICATIONS COMMITTEE.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL" WITHIN THE MEANING OF THE STATUTE BECAUSE THE ROLE OF THE
INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL
RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS RATHER THAN ONE OF
FORMULATING, DETERMINING OR INFLUENCING THE POLICIES OF THE ACTIVITY
WITHIN THE MEANING OF THE STATUTE. THUS, THE RECORD INDICATES HE IS
MERELY USED AS AN EXPERT IN PUBLIC AFFAIRS AND SPEECH WRITING AND THAT
HIS ROLE DOES NOT EXTEND BEYOND THIS TO THE POINT OF ACTIVE
PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT A POLICY WILL BE.
THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 80-84, PUBLIC INFORMATION
OFFICER, GS-1081-12, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
UNIT.
JOB NUMBER 78-511, AUDITOR, GS-501-13
THE INCUMBENT WORKS DIRECTLY FOR THE DEPUTY COMMANDER AND IS CHIEF OF
THE INTERNAL REVIEW OFFICE, AND THE PRINCIPAL AUDITOR TO THE CG. HE
PLANS, DEVELOPS AND CONDUCTS REGULARLY SCHEDULED OR SPECIAL AUDITS
INCLUDING INTERNAL AND REGULATORY REVIEWS OF FINANCIAL MANAGEMENT,
PROCUREMENT, LOGISTICAL AND OTHER RELATED OPERATING AND FUNCTIONAL
MANAGEMENT RESPONSIBILITIES. THE DEPUTY COMMANDER ASSIGNS, THROUGH
AGREEMENT WITH THE INCUMBENT, THE REVIEW OBJECTIVES FOR THE YEAR. THE
INCUMBENT SUBMITS A LIST OF OBJECTIVES WHICH THE DEPUTY COMMANDER
REVIEWS AND ADJUSTS AS TO PRIORITY. THE INCUMBENT ALSO REVIEWS CERTAIN
INTERNAL PROCEDURES, AND MAKES RECOMMENDATIONS AS TO POLICY CHANGES.
WHEN AN INSPECTOR GENERAL (IG) COMPLAINT IS FILED IN CSA, THE INCUMBENT
EITHER RESPONDS IN THOSE AREAS OF HIS EXPERTISE OR COORDINATES A
RESPONSE WITH OTHER EXPERTS IN THE ORGANIZATION. HE HAS TOTAL
RESPONSIBILITY FOR IG REPORTS. IF HE DETERMINES, BASED ON HIS
PROFESSIONAL JUDGMENT, THAT AN AUDIT IS NECESSARY IN A GIVEN AREA, FOR A
GIVEN PROJECT, HE IS THE ONE, AFTER THE DEPUTY COMMANDER'S APPROVAL, WHO
SETS UP THE PROCEDURES AND DECIDES WHEN THE AUDIT IS SATISFACTORY.
THE AUTHORITY FINDS THIS POSITION IS THAT OF A "MANAGEMENT OFFICIAL"
WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE AS THE
INDIVIDUAL IN THIS POSITION TAKES AN ACTIVE ROLE IN INFLUENCING AND IN
DETERMINING THE INTERNAL REVIEW OBJECTIVES OF THE ACTIVITY. THUS, THE
ROLE OF THE INDIVIDUAL IN THIS POSITION EXTENDS BEYOND THAT OF AN EXPERT
OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS TO
THE
POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT
THE POLICY IN FACT WILL BE. THEREFORE, THE AUTHORITY SHALL ORDER JOB
NUMBER 78-511, AUDITOR, GS-501-13, BE EXCLUDED FROM THE EXCLUSIVELY
RECOGNIZED UNIT.
JOB NUMBER 79-16, PROJECT OFFICER, GS-301-14
THE PARTIES STIPULATED THAT THE INCUMBENT IN THIS POSITION IS A
"MANAGEMENT OFFICIAL" WHO ACTS AS THE CHIEF MANAGEMENT NEGOTIATOR IN
LABOR-MANAGEMENT NEGOTIATIONS.
BASED ON THE PARTIES' STIPULATION, WHICH IS SUPPORTED BY THE RECORD,
THE AUTHORITY FINDS THIS POSITION IS THAT OF A "MANAGEMENT OFFICIAL"
WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE. THUS, THE
AUTHORITY SHALL ORDER JOB NUMBER 79-16, PROJECT OFFICER, GS-301-14, BE
EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 79-78, PROGRAM ANALYST, GS-345-13
THE TWO INCUMBENTS IN THIS POSITION ARE SENIOR ANALYSTS IN THE
PROGRAM BUDGET DIVISION OF THE COMPTROLLER'S OFFICE WHICH IS RESPONSIBLE
FOR ALL THE APPROPRIATIONS THAT THE ACTIVITY RECEIVES. EACH OF THE
INCUMBENTS IS RESPONSIBLE FOR A PORTION OF THE OVERALL PROGRAM. THE
PROGRAM ANALYST WORKS WITH DPM'S AND MANAGEMENT ACTION OFFICERS, IN
PLANNING PROGRAM OPERATIONS AND FINANCIAL MANAGEMENT. THIS FUNCTION
INCLUDES PLANNING THE PROCEDURES AND THE EXECUTION OF THOSE PROGRAMS
WITH THE DPM'S, AND DEVELOPING THE FORECAST OF HOW THE APPROPRIATED
MONEY IS GOING TO BE USED SO THAT THE DEPARTMENT OF ARMY CAN RELEASE THE
MONEY TO THE ACTIVITY. THE INCUMBENTS PLAN PROCEDURES FOR PROGRAMS
WHICH THE DPM'S FOLLOW.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS
THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS. IN THIS REGARD, THE ROLE OF THE INCUMBENTS IS LIMITED
TO PLANNING PROCEDURES FOR THE RELEASE OF APPROPRIATED MONEY AND DOES
NOT EXTEND BEYOND THAT TO A POINT OF ACTIVE PARTICIPATION IN THE
ULTIMATE DETERMINATION OF POLICY. THUS, THE AUTHORITY CONCLUDES THAT
JOB NUMBER 79-78, PROGRAM ANALYST, GS-345-13, SHOULD BE INCLUDED IN THE
EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 71-898, FINANCIAL MANAGEMENT OFFICER, GS-501-13
THIS POSITION ALSO IS LOCATED IN THE COMPTROLLER'S OFFICE, AND THE
INCUMBENT IS RESPONSIBLE FOR PREPARING THE OPERATION OF THE MAINTENANCE
PROGRAMS. THIS JOB INVOLVES DEVELOPING CERTAIN ASPECTS OF THE
ACTIVITY'S OFFICIAL BUDGET. THE INCUMBENT INSURES THAT THE ACTIVITY
DOES NOT OVER-OBLIGATE ITSELF IN BUDGETARY AREAS OF HIS RESPONSIBILITY,
AND HE COORDINATES BUDGET OBLIGATIONS WITH OTHER AGENCIES. WHEN THE
INCUMBENT GOES TO A PROJECT SITE TO SOLVE A PROBLEM OR TO DEVELOP
PROCEDURES RELATING TO CASH FLOW, HE IS THE COMPTROLLER'S REPRESENTATIVE
AND HAS HIS AUTHORITY. ALL RECOMMENDATIONS THAT THE FINANCIAL
MANAGEMENT OFFICER DEVELOPS ARE REVIEWED BY HIS DIVISION CHIEF.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
THAT OF A RESOURCE PROFESSIONAL. THE ROLE OF THE INCUMBENT IS LIMITED
TO COORDINATING AND TROUBLESHOOTING THE ACTIVITY'S BUDGET OBLIGATIONS.
THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 71-898, FINANCIAL
MANAGEMENT OFFICER, GS-501-13, SHOULD BE INCLUDED IN THE UNIT.
JOB NUMBER 79-36, ELECTRONICS ENGINEER, GS-855-13
THIS POSITION IS LOCATED UNDER THE COMPTROLLER IN THE COST ANALYSIS
OFFICE. THE INCUMBENT PROVIDES THE COST ANALYSIS OFFICE ENGINEERING
EXPERTISE IN THE DEVELOPMENT OF VARIOUS COST STUDIES ASSIGNED.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," AS IT DOES NOT APPEAR THAT THE INCUMBENT FORMULATES,
DETERMINES OR INFLUENCES AGENCY POLICY WITHIN THE MEANING OF THE
STATUTE, BUT RATHER, THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT
OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS IN THE DEVELOPMENT OF COST STUDIES. THEREFORE, THE
AUTHORITY CONCLUDES THAT JOB NUMBER 79-36, ELECTRONICS ENGINEER,
GS-855-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 76-968, COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-13
THE RECORD ESTABLISHES THAT THE INDIVIDUALS IN THIS POSITION SERVE AS
PROJECT OFFICERS ON MAJOR DEFENSE COMMUNICATIONS ACQUISITION PROJECTS.
THEIR JOB IS TO MANAGE AND OVERSEE A PROJECT FROM AN IMPLEMENTATION AND
OPERATIONAL STANDPOINT. THE INCUMBENTS REVIEW ALL THE REQUIREMENTS OF A
PROJECT AND CAN ALTER THOSE REQUIREMENTS FOR THE EFFICIENT EXECUTION OF
THE PROJECT. A PROJECT OFFICER IS RESPONSIBLE FOR ACQUIRING EQUIPMENT
AND VISITING THE PROJECT SITE TO INVESTIGATE AND COORDINATE ACTION IN
PROBLEM AREAS WITH OTHER RESOURCE PEOPLE. HE WOULD HAVE THE AUTHORITY
TO MAKE CERTAIN DECISIONS, BASED ON HIS ROLE AND THE PARTICULAR
CIRCUMSTANCES, TO MEET THE TIME AND BUDGET REQUIREMENTS.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL" WITHIN THE MEANING OF THE STATUTE, AS IT DOES NOT REQUIRE
INCUMBENTS TO FORMULATE, DETERMINE OR INFLUENCE AGENCY POLICY. RATHER,
THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS THAT OF AN EXPERT OR
PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. IN THIS
REGARD, THE INCUMBENTS MANAGE AND OVERSEE A PROJECT FROM AN
IMPLEMENTATION AND OPERATIONAL STANDPOINT. THEY DO NOT SET OR ESTABLISH
THE DIFFERENT REQUIREMENTS OF A PROJECT. THEY REVIEW THOSE REQUIREMENTS
FROM A PROJECT MANAGEMENT STANDPOINT, AND ALTHOUGH THE INCUMBENTS HAVE
THE AUTHORITY TO MAKE CERTAIN DECISIONS WITH REGARD TO A PROJECT, THOSE
DECISIONS ARE LIMITED IN SCOPE AND DO NOT EXTEND THE ROLE OF THE
INCUMBENTS TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE
DETERMINATION AS TO POLICY WITHIN THE MEANING OF THE STATUTE. THUS, THE
AUTHORITY CONCLUDES THAT JOB NUMBER 76-968, COMMUNICATIONS MANAGEMENT
SPECIALIST, GS-391-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
UNIT.
JOB NUMBER 75-507, GENERAL ENGINEER, GS-801-13
THIS POSITION IS LOCATED IN THE CONFIGURATION MANAGEMENT DIVISION OF
THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE. THE INCUMBENT SERVES
AS THE VALUE ENGINEERING PROGRAM MANAGER OF THE ACTIVITY, WHO OVERSEES
AND MONITORS ALL IN-HOUSE AND CONTRACT PROGRAMS FOR COST CONSCIOUSNESS.
THE INCUMBENT IS GUIDED BY REGULATIONS CONCERNING THE APPLICATION OF
VALUE ENGINEERING PRINCIPLES. HOWEVER, HE CAN DEVIATE FROM THESE
REGULATIONS BASED UPON SPECIFIC CIRCUMSTANCES AND HIS EXPERTISE. HE
MAKES RECOMMENDATIONS FOR CHANGE BOTH IN TECHNICAL AREAS AND IN
PHILOSOPHY OR MANAGEMENT APPLICATION WHICH WOULD OR COULD SAVE MONEY.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS. THE ROLE OF THE INCUMBENT IS TO PROVIDE VALUE
ENGINEERING EXPERTISE TO THE ACTIVITY'S PROGRAMS AND MAKE
RECOMMENDATIONS IN THAT REGARD. HE IS ONE OF MANY EXPERTS OR
PROFESSIONALS RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS ON AN
ACTIVITY PROJECT, AND IT THUS DOES NOT APPEAR THAT THE INCUMBENT
FORMULATES, DETERMINES OR INFLUENCES AGENCY POLICY WITHIN THE MEANING OF
THE STATUTE. THEREFORE, THE AUTHORITY CONCLUDES THAT JOB NUMBER 75-507,
GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY
RECOGNIZED UNIT.
JOB NUMBER 79-67, GENERAL ENGINEER, GS-801-13
THE RECORD SHOWS THAT THIS POSITION IS LOCATED IN THE PRODUCT
ASSURANCE DIVISION OF THE PROCUREMENT AND CONTROL DIRECTORATE. THE
INDIVIDUAL IN THIS POSITION IS AN ENGINEER WHO ANALYZES AND OVERSEES THE
PRODUCT ASSURANCE OF MATERIALS BOUGHT BY THE ACTIVITY. WHEN THE
ACTIVITY IS DEVELOPING PROCUREMENT REQUIREMENT PACKAGES, THE INCUMBENT
IS ASSIGNED TO PARTICIPATE IN THE DEVELOPMENT OF THE PACKAGE. HE HAS TO
KNOW THE TECHNICAL REQUIREMENTS OF THE PRODUCTS, SERVICES OR SYSTEMS THE
ACTIVITY IS BUYING. AFTER ANALYSIS, HE MAKES A PROFESSIONAL
RECOMMENDATION TO THE DPM AS TO THE PRODUCT ASSURANCE REQUIREMENTS,
TESTING ACCEPTANCE, AND OTHER TECHNICAL REQUIREMENTS. AFTER THE
CONTRACT IS SIGNED AND UNDERWAY, THE INCUMBENT TRAVELS TO THE
CONTRACTOR'S PLANT AND OBSERVES THE PRODUCT ASSURANCE ACTIVITIES THAT
ARE GOING ON IN CONJUNCTION WITH OTHER PRODUCT ASSURANCE AND QUALITY
ASSURANCE PERSONNEL, AND NOTES AND OBSERVES DEFICIENCIES OR PLACES WHERE
CHANGES SHOULD BE MADE. WHEN HE OBSERVES DEFICIENCIES HE RECOMMENDS TO
THE DPM CERTAIN ADDITIONS OR DELETIONS FROM THE ACQUISITION. HE HAS THE
AUTHORITY, BASED ON HIS EXPERTISE, TO TAKE IMMEDIATE ACTION TO MAKE AN
ON-THE-SPOT CURE. THOUGH GUIDED BY PRODUCT ASSURANCE STANDARDS, THE
INCUMBENT HAS LATITUDE IN DEVIATING OR MODIFYING THOSE STANDARDS BASED
ON THE CIRCUMSTANCES.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS. THUS, AS NOTED ABOVE, THE INCUMBENT IS THE ACTIVITY'S
PRODUCT ASSURANCE EXPERT, AND ALTHOUGH HE HAS THE AUTHORITY, BASED ON
THIS EXPERTISE, TO TAKE IMMEDIATE ACTION TO MAKE AN ON-THE-SPOT CURE OF
A PROBLEM, THIS AUTHORITY DOES NOT EXTEND HIS ROLE TO THAT OF A
"MANAGEMENT OFFICIAL" AS HE DOES NOT FORMULATE, DETERMINE OR INFLUENCE
AGENCY POLICY WITHIN THE MEANING OF THE STATUTE. THEREFORE, THE
AUTHORITY CONCLUDES THAT JOB NUMBER 79-67, GENERAL ENGINEER, GS-801-13,
SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 79-47, GENERAL ENGINEER, GS-801-13
THIS POSITION IS LOCATED IN THE CONFIGURATION MANAGEMENT DIVISION OF
THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE. THE INDIVIDUALS
FILLING THIS POSITION CONTROL THE SPECIFICATIONS OF EQUIPMENT THE
ACTIVITY BUYS TO ENSURE STANDARDIZATION AND INTERCHANGEABILITY. THE
INCUMBENTS RECEIVE GUIDANCE FROM THE CHIEF OF THE DIVISION AND FROM
CONFIGURATION MANAGEMENT REGULATIONS. FOR EACH PRODUCT THE ACTIVITY
BUYS, OR EACH ACQUISITION IT RECEIVES, A CONFIGURATION MANAGEMENT PLAN
IS PREPARED. THE INCUMBENTS ANALYZE THE ACQUISITION AND THEN DEVELOP A
CONFIGURATION MANAGEMENT PLAN WHICH IS A BOOK THAT PEOPLE AROUND THE
WORLD ARE TO FOLLOW WITH RESPECT TO THE MANAGEMENT CONTROL OF THAT
PARTICULAR ACQUISITION. THAT BOOK IS MADE TO CONFORM WITH BROAD
CONFIGURATION MANAGEMENT GUIDELINES WITHIN THE GSA REGULATIONS OF
CONFIGURATION MANAGEMENT. HOWEVER, EACH ACQUISITION IS DIFFERENT AND
THE CONFIGURATION MANAGEMENT PERSON FILLING THIS POSITION STRUCTURES THE
PLAN AS HE SEES FIT, BASED ON THE SPECIFIC FACTUAL SITUATION. FURTHER,
HE CONSTANTLY MONITORS THE PLAN TO SEE THAT PEOPLE ARE LIVING UP TO THE
PLAN'S GOALS AND BRINGS TO MANAGEMENT'S ATTENTION ANY PROBLEMS. HE
RECOMMENDS CHANGES TO CORRECT THESE PROBLEMS.
THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS
THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS. IN THIS REGARD, THE INCUMBENTS' ROLE IS TO PROVIDE
CONFIGURATION EXPERTISE TO PROJECTS BEING MANAGED BY THE ACTIVITY, BUT
THEY DO NOT FORMULATE, DETERMINE OR INFLUENCE AGENCY POLICY WITHIN THE
MEANING OF THE STATUTE. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER
79-47, GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE
EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 79-90, ELECTRONICS ENGINEER, GS-855-13
THE RECORD SHOWS THAT THE INCUMBENTS IN THIS POSITION ARE ACTION
OFFICERS IN THE OFFICE OF THE DPM FOR RESEARCH AND DEVELOPMENT (R&D)
SYSTEMS WITH RESPONSIBILITY FOR PLANNING, PROGRAMMING, ORGANIZING,
DIRECTING AND EXECUTING ASSIGNED TASKS IN SUPPORT OF THE R&D MISSION.
THE INCUMBENTS OPERATE UNDER BROAD ARMY AND DARCOM REGULATION AS THEY
PERTAIN TO R&D. HOWEVER, THERE IS CONSIDERABLE DISCRETION WITHIN THESE
REGULATIONS WITH REGARD TO CONTRACTING, PROGRAMMING AND PLANNING. THEY
RECEIVE OVERALL REQUIREMENTS ON A PROJECT FROM THE DPM, AND THE DPM
REVIEWS THE PROCEDURES USED BY THE ACTION OFFICERS TO MAKE SURE THEY ARE
NOT ILLEGAL AND ARE BUDGETARILY SUFFICIENT. THE ACTION OFFICERS APPLY
BOTH TECHNICAL AND ADMINISTRATIVE KNOWLEDGE AND EXPERTISE TO THE
PROJECTS THEY OVERSEE AND HAVE TOTAL ORGANIZATIONAL RESPONSIBILITY OF
THE PROJECT.
THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS
THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS. IN THIS REGARD, THE INCUMBENTS IN THIS POSITION ARE
RESPONSIBLE FOR THE PLANNING, PROGRAMMING, ORGANIZING, DIRECTION AND
EXECUTION OF ASSIGNED TASKS IN SUPPORT OF THE ACTIVITY'S R&D MISSION.
THEY DO NOT DETERMINE WHAT THE R&D MISSION IS, NOR THE ASSIGNMENT OF
TASKS. THEY ARE EXPERTS OR PROFESSIONALS APPLYING TECHNICAL AND
ADMINISTRATIVE KNOWLEDGE AND EXPERTISE TO A PROJECT THEY OVERSEE AND
HAVE ORGANIZATIONAL RESPONSIBILITY FOR THE PROJECT. THEIR ROLE IS
LIMITED AS SUCH TO THE CIRCUMSTANCES OF A PARTICULAR PROJECT AND DOES
NOT EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE
DETERMINATION AS TO POLICY WITHIN THE MEANING OF THE STATUTE. THUS, THE
AUTHORITY CONCLUDES THAT JOB NUMBER 79-90, ELECTRONICS, ENGINEER,
GS-855-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBER 74-363, TRAFFIC MANAGER, GS-2130-13
THE INCUMBENT IN THIS POSITION IS LOCATED UNDER THE DIRECTOR OF
LOGISTICS, AND IS RESPONSIBLE FOR THE TRANSPORTATION AND TRAFFIC
MANAGEMENT OF ITEMS THE ACTIVITY BUYS OR ACQUIRES. ALTHOUGH THE
INCUMBENT CANNOT CHANGE ESTABLISHED DOD POLICY IN THIS REGARD, HE CAN,
WITHIN THE LATITUDE OF THAT POLICY, DETERMINE THE BEST METHOD TO SHIP AN
ITEM. THIS INDIVIDUAL IS THE ACTIVITY'S EXPERT IN THIS PARTICULAR AREA
AND HIS RECOMMENDATIONS IN THESE MATTERS ARE USUALLY FOLLOWED.
THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
THAT OF AN EXPERT OR PROFESSIONAL IN THE FIELD OF TRAFFIC MANAGEMENT
RENDERING INFORMATION AND RECOMMENDATIONS IN THAT REGARD. HE IS A
TECHNICIAN WHOSE ROLE DOES NOT EXTEND TO THE POINT OF ACTIVE
PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT A POLICY IN FACT
WILL BE. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 74-363, TRAFFIC
MANAGER, GS-2130-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
UNIT.
JOB NUMBER 78-512, AUDITOR, GS-510-12
THE INCUMBENT IN THIS POSITION WORKS UNDER THE GENERAL SUPERVISION OF
THE CHIEF OF THE INTERNAL REVIEW OFFICE AND HANDLES FUNCTIONS AGREED
UPON BY THE COMMANDER AND THE CHIEF OF THE INTERNAL REVIEW OFFICE. HE
IMPLEMENTS POLICIES THAT HAVE BEEN ESTABLISHED BY THE ACTIVITY, AND
MAKES RECOMMENDATIONS FOR POLICY CHANGES AND OTHER RECOMMENDATIONS AS
A
RESULT OF THE AUDITS HE PERFORMS.
THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT
OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
RECOMMENDATIONS. THUS, AS NOTED ABOVE, THE INCUMBENT IMPLEMENTS
POLICIES THAT HAVE BEEN ESTABLISHED BY HIGHER MANAGEMENT AND MAKES
RECOMMENDATIONS AS A RESULT OF AUDITS HE PERFORMS. HIS ROLE DOES NOT
EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE
DETERMINATION AS TO WHAT A POLICY WILL BE. THEREFORE, THE AUTHORITY
FINDS THAT JOB NUMBER 78-512, AUDITOR, GS-510-12, SHOULD BE INCLUDED IN
THE EXCLUSIVELY RECOGNIZED UNIT.
CONFIDENTIAL EMPLOYEES
SECTION 7103(A)(13) OF THE STATUE DEFINES A "CONFIDENTIAL EMPLOYEE"
AS:
. . . AN EMPLOYEE WHO ACTS IN A CONFIDENTIAL CAPACITY WITH RESPECT TO
AN INDIVIDUAL WHO
FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS;
THE ACTIVITY SEEKS TO EXCLUDE THE FOLLOWING POSITIONS FROM THE
BARGAINING UNIT AS CONFIDENTIAL EMPLOYEES:
JOB NUMBERS: 78-509, SECRETARY, GS-319-08;
75-295, SECRETARY, GS-318-07; AND
75-727, SECRETARY, GS-318-05
THE INCUMBENTS IN TEE ABOVE JOB POSITIONS ARE THE SECRETARIES FOR THE
CG, DEPUTY COMMANDER, AND EXECUTIVE OFFICER (XO), RESPECTIVELY. EACH OF
THESE OFFICIALS SPENDS APPROXIMATELY 5% OF HIS TIME INVOLVED IN LABOR
RELATIONS MATTERS. THE XO IS RESPONSIBLE FOR EFFECTUATING THE POLICIES,
PROCEDURES AND DICTATES OF THE CG AND DEPUTY COMMANDER. THE SECRETARIES
INVOLVED DO ALL THE TYPING AND FILING FOR THESE INDIVIDUALS, INCLUDING
ON MATTERS CONCERNING DISCIPLINARY ACTIONS, GRIEVANCES AND EMPLOYEE
APPRAISALS. THEY ALSO SCREEN ALL CORRESPONDENCE RECEIVED BY THEIR
SUPERIORS, AND ATTEND MANAGEMENT MEETINGS.
THE AUTHORITY FINDS THESE POSITIONS ARE THOSE OF "CONFIDENTIAL
EMPLOYEES" WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE STATUTE.
THE INDIVIDUALS IN JOB NUMBERS 78-509 AND 75-295 ARE THE PERSONAL
SECRETARIES TO THE ACTIVITY'S POLICY FORMULATORS. THE INDIVIDUAL IN THE
JOB NUMBER 75-727 IS THE PERSONAL SECRETARY TO THE INDIVIDUAL WHO IS
RESPONSIBLE FOR EFFECTUATING THOSE POLICIES, PROCEDURES AND DICTATES.
ALL THE INCUMBENTS SCREEN THEIR SUPERVISORS' CORRESPONDENCE AND CALLS
AND ATTEND MANAGEMENT MEETINGS. THUS, THE RECORD ESTABLISHES THAT THEY
EACH SERVE IN A CONFIDENTIAL CAPACITY WITH RESPECT TO AN INDIVIDUAL WHO
FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS AND IT IS HEREBY CONCLUDED THAT THE FOLLOWING
POSITIONS SHALL BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT: JOB
NUMBER 78-509, SECRETARY, GS-319-08; JOB NUMBER 75-295, SECRETARY,
GS-318-07; AND JOB NUMBER 75-727, SECRETARY, GS-318-05.
JOB NUMBER 75-503, SECRETARY, GS-318-06
THE INCUMBENT IN THIS POSITION IS THE TECHNICAL DIRECTORS' SECRETARY.
THE TECHNICAL DIRECTOR'S DUTIES AND RESPONSIBILITIES ARE SET OUT IN
DETAIL ABOVE. HE IS THE ACTIVITY'S TOP TECHNICAL ADVISOR AND HEADS THE
ACTIVITY'S CAREER MANAGEMENT PROGRAM. IN HIS LATTER ROLE, HE HAS ACCESS
TO PERSONNEL RECORDS. THE TECHNICAL DIRECTOR'S OFFICE IS A ONE-MAN
OPERATION, AND HIS SECRETARY ACTS AS HIS ADMINISTRATIVE ASSISTANT AS
WELL AS BEING HIS SECRETARY. SHE ALSO DOES THE SECRETARIAL WORK FOR THE
CHIEF OF THE MANAGEMENT NEGOTIATING TEAM WHO DOES NOT HAVE HIS OWN
SECRETARY. THE INCUMBENT HAS ACCESS TO AND MAINTAINS BOTH THEIR FILES.
THE AUTHORITY FINDS THIS POSITION TO BE THAT OF A "CONFIDENTIAL
EMPLOYEE" WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE STATUTE. THE
INDIVIDUAL IN THIS POSITION PERFORMS ADMINISTRATIVE DUTIES AND THE
SECRETARIAL WORK OF, AND ACTS IN A CONFIDENTIAL CAPACITY TO, THE PERSON
WHO AS CHIEF MANAGEMENT NEGOTIATOR FORMULATES AND EFFECTUATES THE
ACTIVITY'S MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT
RELATIONS. THUS, THE AUTHORITY CONCLUDES THE JOB NUMBER 75-503,
SECRETARY, GS-318-06, SHALL BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED
UNIT.
JOB NUMBERS: 78-152, SECRETARY, GS-318-06;
78-153, SECRETARY, GS-318-06;
78-151, SECRETARY, GS-318-06; AND
78-124, SECRETARY, GS-318-06
THE INCUMBENTS ARE THE SECRETARIES OF THE DEPUTY PROJECT MANAGERS
(DPM'S). THE DPM'S ARE NOT THE POINT OF CONTACT WITH THE UNION AND ARE
NOT INVOLVED IN NEGOTIATIONS. THE DPM'S ARE INVOLVED WITH
LABOR-MANAGEMENT RELATIONS MATTERS ONLY IN RELATION TO THE OVER-ALL
MISSION OF IMPLEMENTING THEIR PROJECTS. THIS ON OCCASION REQUIRES THE
EMPLOYEES IMMEDIATELY AT ISSUE TO TYPE OR HAVE ACCESS TO MATERIALS
RELATING TO DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS.
THE AUTHORITY FINDS THESE POSITIONS NOT TO BE THOSE OF "CONFIDENTIAL
EMPLOYEES." THUS, ALTHOUGH THESE INDIVIDUALS OCCASIONALLY TYPE AND HAVE
ACCESS TO MATERIALS RELATING TO DISCIPLINARY ACTIONS, GRIEVANCES, AND
EMPLOYEE APPRAISALS, MERE ACCESS TO, AND TYPING OF SUCH MATERIALS DOES
NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN EXCLUSIVELY RECOGNIZED
UNIT. RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2 FLRA NO. 82. AS THE
RECORD DOES NOT OTHERWISE ESTABLISH THAT THESE EMPLOYEES ACT IN A
CONFIDENTIAL CAPACITY WITH RESPECT TO THE DPM'S WITHIN THE MEANING OF
THE STATUTE, THE AUTHORITY CONCLUDES THAT THE FOLLOWING POSITIONS SHOULD
BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT: JOB NUMBER 78-152,
SECRETARY, GS-318-06; JOB NUMBER 78-153, SECRETARY, GS-318-06; JOB
NUMBER 78-151, SECRETARY, GS-318-06; AND JOB NUMBER 78-124, SECRETARY,
GS-318-06.
JOB NUMBER 71-783, CLERK-STENO, GS-312-5
THIS INDIVIDUAL IS THE SECRETARY TO THE DPM OF RESEARCH AND
DEVELOPMENT. INTERMITTENTLY THE DPM IS INVOLVED IN MATTERS SUCH AS
GRIEVANCES, EMPLOYEE APPRAISALS, AND DISCIPLINARY ACTIONS. LAST YEAR HE
WAS INVOLVED IN TWO GRIEVANCES. HIS SECRETARY DOES ALL HIS TYPING AND
MAINTAINS HIS FILES.
THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "CONFIDENTIAL
EMPLOYEE." MERE ACCESS TO, AND TYPING OF EMPLOYEE PERSONNEL ACTIONS DOES
NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN EXCLUSIVELY RECOGNIZED
UNIT, AND THE RECORD DOES NOT OTHERWISE INDICATE THAT THE INCUMBENT ACTS
IN A CONFIDENTIAL CAPACITY TO THE DPM INVOLVED HEREIN. THUS, THE
AUTHORITY FINDS JOB NUMBER 71-783, CLERK-STENO, GS-312-5, SHOULD BE
INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
JOB NUMBERS: 77-1704, SECRETARY, GS-318-06;
71-501, SECRETARY, GS-318-06; AND
77-1127, SECRETARY, GS-318-06
THE INCUMBENTS IN THESE POSITIONS ARE THE SECRETARIES TO THE DIRECTOR
OF LOGISTICS, THE DIRECTOR OF PROCUREMENT, AND THE COMPTROLLER,
RESPECTIVELY. THE DIRECTORS AND THE COMPTROLLER HAVE A SUBSTANTIAL
GROUP OF EMPLOYEES UNDER THEM. THEY ARE OCCASIONALLY INVOLVED WITH
GRIEVANCES, EMPLOYEE APPRAISALS AND DISCIPLINARY PROBLEMS. NORMALLY
THEY DO NOT HAVE CONTACT WITH THE UNION. THE DIRECTOR OF PROCUREMENT IS
A MEMBER OF THE ACTIVITY'S MANAGEMENT NEGOTIATING TEAM, AND WHILE THE
DIRECTOR OF LOGISTICS AND THE COMPTROLLER ARE NOT MEMBERS, THEY HAVE
INDIVIDUALS UNDER THEM WHO ARE MEMBERS OF THAT TEAM. HOWEVER,
MANAGEMENT'S PROPOSALS NORMALLY ARE PREPARED IN THE CHIEF NEGOTIATOR'S
OFFICE, BY HIS SECRETARY. THERE HAVE NOT BEEN ANY LABOR-MANAGEMENT
NEGOTIATIONS SINCE THE DIRECTOR OF PROCUREMENT HAS BEEN A MEMBER OF THE
MANAGEMENT NEGOTIATING TEAM.
THE AUTHORITY FINDS THE POSITIONS AT ISSUE NOT TO BE THOSE OF
"CONFIDENTIAL EMPLOYEES." ALTHOUGH THE INDIVIDUALS IN THESE POSITIONS
TYPE AND HAVE ACCESS TO MATERIAL OF A LABOR-MANAGEMENT NATURE, AS NOTED
ABOVE, MERE ACCESS TO, AND TYPING OF OCCASIONAL LABOR-MANAGEMENT
MATERIALS DOES NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN
EXCLUSIVELY RECOGNIZED UNIT. RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2
FLRA NO. 82. WITH RESPECT TO THE SECRETARY OF THE DIRECTOR OF
PROCUREMENT, WHO IS ON THE ACTIVITY'S LABOR-MANAGEMENT TEAM, THE
EVIDENCE ESTABLISHES THE SECRETARY OF THE CHIEF NEGOTIATOR DOES TYPING
NECESSARY TO THOSE FUNCTIONS, AND MAINTAINS THE TEAM'S FILES IN THAT
REGARD.
THUS, THE AUTHORITY CONCLUDES THAT THE FOLLOWING POSITIONS SHOULD BE
INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT: JOB NUMBER 77-1704,
SECRETARY, GS-318-06; JOB NUMBER 71-501, SECRETARY, GS-318-06, AND JOB
NUMBER 77-1127, SECRETARY, GS-318-06.
JOB NUMBER 71-745, ADMINISTRATIVE CLERK, GS-301-06
THE INDIVIDUAL IN THIS POSITION WORKS UNDER THE EXECUTIVE OFFICER.
THE INCUMBENT SERVICES AS THE CIVILIAN PERSONNEL COORDINATOR FOR THE
ACTIVITY. AS THE COORDINATOR, THE INCUMBENT IS THE OFFICIAL CONTACT
BETWEEN THE ACTIVITY AND THE SERVICING CIVILIAN PERSONNEL OFFICE. THE
INCUMBENT IS PRIVY TO ALL PERSONNEL MANAGEMENT ACTIONS WHICH INCLUDE
SOME LABOR RELATIONS ACTIONS IN THE AREA OF REDUCTIONS, REMOVALS,
GRIEVANCES, TRANSFERS, LATERAL APPOINTMENT, PROMOTIONS AND AWARDS. SHE
ALSO IS CALLED UPON TO RENDER ADVICE TO THE DEPUTY COMMANDER. SHE HAS
ACCESS TO THE EXECUTIVE OFFICER'S FILES.
THE AUTHORITY FINDS THIS POSITION IS THAT OF AN EMPLOYEE ENGAGED IN
PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. IN THIS
REGARD, THE INCUMBENT SERVES AS THE CIVILIAN PERSONNEL COORDINATOR FOR
THE ACTIVITY. IN THIS ROLE, SHE IS THE OFFICIAL CONTACT BETWEEN THE
ACTIVITY AND THE SERVICING CIVILIAN PERSONNEL OFFICE AND PROVIDES ADVICE
TO THE DEPUTY COMMANDER. THUS, PURSUANT TO SECTION 7112(B)(3) OF THE
STATUTE, THE AUTHORITY SHALL ORDER THAT JOB NUMBER 77-745,
ADMINISTRATIVE CLERK, GS-301-06, BE EXCLUDED FROM THE EXCLUSIVELY
RECOGNIZED UNIT.
DIRECTION OF ELECTION
THE AUTHORITY FINDS THE FOLLOWING UNIT, AS STIPULATED BY THE PARTIES,
TO BE APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE
STATUTE:
ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS SYSTEMS
AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
EXCLUDING ALL MANAGEMENT
OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2),
(3), (4), (6) AND (7) AND
TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
IT IS NOTED THAT THE UNIT FOUND APPROPRIATE INCLUDES PROFESSIONAL
EMPLOYEES AND THAT THE AUTHORITY IS PROHIBITED BY SECTION 7112(B)(5) OF
THE STATUTE FROM INCLUDING PROFESSIONAL EMPLOYEES IN THE UNIT WITH
EMPLOYEES WHO ARE NOT PROFESSIONALS UNLESS A MAJORITY OF THE
PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION IN SUCH A UNIT. ACCORDINGLY,
THE DESIRES OF THE PROFESSIONAL EMPLOYEES AS TO INCLUSION IN THE UNIT
WITH NONPROFESSIONAL EMPLOYEES MUST BE ASCERTAINED. THE AUTHORITY,
THEREFORE, DIRECTS SEPARATE ELECTIONS IN THE FOLLOWING GROUPS:
VOTING GROUP (A): ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS SYSTEMS
AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
EXCLUDING ALL MANAGEMENT
OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2),
(3), (4), (6) AND (7) AND
TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
VOTING GROUP (B): ALL NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS SYSTEMS
AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
EXCLUDING ALL MANAGEMENT
OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2),
(3), (4), (6) AND (7) AND
TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
THE EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED
AS TO WHETHER OR NOT THEY DESIRE TO BE REPRESENTED BY THE AFGE, BY THE
NFFE OR BY NEITHER.
THE EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO
QUESTIONS ON THEIR BALLOTS: (1) WHETHER OR NOT THEY WISH TO BE INCLUDED
WITH THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION, AND (2) WHETHER OR NOT THEY WISH TO BE REPRESENTED FOR THE
PURPOSE OF EXCLUSIVE RECOGNITION BY THE AFGE, BY THE NFFE OR BY NEITHER.
IN THE EVENT THAT A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS
CAST IN FAVOR OR INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL
EMPLOYEES, THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE
OF VOTING GROUP (B).
UNLESS A MAJORITY OF THE VOTES OF VOTING GROUP (A) IS CAST FOR
INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THEY WILL
BE TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT,
AND AN APPROPRIATE CERTIFICATION WILL BE ISSUED INDICATING WHETHER THE
AFGE, THE NFFE OR NEITHER WAS SELECTED BY THE PROFESSIONAL EMPLOYEES
UNIT.
THE UNIT DETERMINATION IN THE SUBJECT CASE THUS IS BASED IN PART UPON
THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES. HOWEVER,
THE AUTHORITY MAKES THE FOLLOWING FINDINGS IN REGARD TO THE APPROPRIATE
UNIT:
1. IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION
IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS
THAT THE FOLLOWING EMPLOYEES CONSTITUTE A UNIT APPROPRIATE FOR THE
PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 7112 OF
THE STATUTE:
ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS SYSTEMS
AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
EXCLUDING ALL MANAGEMENT
OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2),
(3), (4), (6) AND (7) AND
TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
2. IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR
INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
AUTHORITY FINDS THAT THE FOLLOWING TWO GROUPS OF EMPLOYEES CONSTITUTE
SEPARATE UNITS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
WITHIN TEE MEANING OF SECTION 7112 OF THE STATUTE:
(A) ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS
SYSTEMS AGENCY
(U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
EXCLUDING ALL MANAGEMENT
OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2),
(3), (4), (6) AND (7) AND
TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
(B) ALL NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS
SYSTEMS AGENCY
(U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
EXCLUDING ALL MANAGEMENT
OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2),
(3), (4), (6) AND (7) AND
TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
DIRECTION OF ELECTION
ELECTIONS BY SECRET BALLOT SHALL BE CONDUCTED AMONG EMPLOYEES IN THE
VOTING GROUPS DESCRIBED ABOVE, AS EARLY AS POSSIBLE, BUT NOT LATER THAN
60 DAYS FROM THE DATE BELOW. THE APPROPRIATE REGIONAL DIRECTOR SHALL
SUPERVISE THE ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND
REGULATIONS. ELIGIBLE TO VOTE ARE THOSE IN THE VOTING GROUPS WHO WERE
EMPLOYED DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW,
INCLUDING EMPLOYEES WHO DID NOT WORK DURING THAT PERIOD BECAUSE THEY
WERE OUT ILL, OR ON VACATION OR ON FURLOUGH, INCLUDING THOSE IN THE
MILITARY SERVICE WHO APPEAR IN PERSON AT THE POLLS. INELIGIBLE TO VOTE
ARE EMPLOYEES WHO HAVE QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE
DESIGNATED PAYROLL PERIOD AND WHO HAVE NOT BEEN REHIRED OR REINSTATED
BEFORE THE ELECTION DATE. THOSE ELIGIBLE SHALL VOTE WHETHER THEY DESIRE
TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1904, AFL-CIO; BY
THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476; OR BY NEITHER.
ISSUED, WASHINGTON, D.C., NOVEMBER 12, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
CERTIFICATE OF SERVICE
COPIES OF THE DECISION AND DIRECTION OF ELECTION OF THE FEDERAL LABOR
RELATIONS AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED
TO THE PARTIES LISTED:
KEVIN M. GRILE, ESQ.
STAFF COUNSEL
AFGE, AFL-CIO
1325 MASS. AVE., N.W.
WASHINGTON, D.C. 20005
JAMES R. ROSA, ESQ.
GENERAL COUNSEL
AFGE, AFL-CIO
1325 MASS. AVE., N.W.
WASHINGTON, D.C. 20005
CAPTAIN GREGORY TAYLOR
OFFICE OF THE STAFF JUDGE ADVOCATE
US ARMY COMMUNICATIONS AND
ELECTRONICS MATERIEL READINESS
COMMAND
DRSEL-LG-JAA
FORT MONMOUTH, NEW JERSEY 07703
CATHERINE WAELDER, ESQ.
ASSOCIATED GENERAL COUNSEL
NATIONAL FEDERATION OF
FEDERAL EMPLOYEES
1016 16TH STREET, N.W.
WASHINGTON, D.C. 20036
MR. KENNETH BOYTER
PRESIDENT, LOCAL 1904
AFGE, AFL-CIO
P.O. BOX 231
EATONTOWN, NEW JERSEY 07724
MRS. ELOISE MANIFOLD
CIVILIAN PERSONNEL OFFICER
DEPARTMENT OF THE ARMY-CERCOM
DRSEL-PT-MER
FORT MONMOUTH, NEW JERSEY 07703
HERBERT CAHN, PRESIDENT
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 476
P.O. BOX 65
LITTLE RIVER, NEW JERSEY 07739
RONALD T. SMITH
REGIONAL DIRECTOR
ROOM 241, 26 FEDERAL PLAZA
NEW YORK, N.Y. 10278